Enoch's mother and sister may now be facing jail time
The sister and mother of jailed teacher Enoch Burke have been ordered to attend a contempt hearing, which could see them also find themselves behind bars.
High Court judge Brian Cregan warned Ammi and Martina Burke they should be prepared for a full hearing tomorrow.
It follows their removal from court by gardaí last week, during a hearing related to Enoch Burke’s disciplinary appeal. On that occasion, Judge Cregan had also sent Mr Burke back to Mountjoy, where he has now spent 600 days for contempt of court, to continue the hearing via videolink.
Pictured Enoch Burke’s mother Martina and sister Ammi leaving the Four Courts. Photo: Sam Boal/Collins Photos
He warned Mr Burke at the start of those proceedings that this would be the outcome if he stepped beyond what the court regarded as acceptable behaviour, or if his family members disrupted proceedings.
The hearing rapidly descended into a shouting match, with the judge rising from the bench as the three were removed from court.
When he returned, he said the family repeatedly interrupted the court in a ‘disgraceful’ manner.
He said they behaved the same way in every court appearance, and branded it ‘manifestly an abuse of process’.
Yesterday, he said he would deal with an issue of legal costs relating to the dispute between Enoch and his former school tomorrow. He told Ammi and Martina he would also hold a hearing tomorrow ‘to consider if either or both of you have been in contempt of court for your behaviour last Friday’.
Enoch Burke is taken from the High Court back to prison. Pic: Fran Veale
‘I will hear you on whether or not you believe your conduct amounted to contempt of court,’ he said, adding that it was a serious inquiry.
The judge said: ‘If I find your conduct did amount to contempt of court, then you are aware the court can impose a penalty, either a term of imprisonment or a fine. So you should be prepared to deal with that…’
Enoch’s mother, Martina Burke, responded: ‘Judge, can I just say I will always speak out when there is injustice done. I believe that is the right thing to do. And I do believe my son was abused in this court on Friday.
‘That is the only reason I speak out. I am very busy. I will speak out when there is injustice done. It is my duty as a parent.’
Late last year, Judge Cregan had asked Attorney General Rossa Fanning to consider bringing proceedings for criminal contempt of court against Enoch Burke and his mother Martina, sister Ammi and brother Isaac after their repeated interruptions and unruly behaviour. However, Mr Fanning said he would not move to prosecute at that time. His reasons included that it would likely ‘reinforce an unfounded sense of martyrdom’.
Judge Cregan said he was disappointed by the decision, and that the transcripts of court hearings may not ‘accurately reflect the tone and temper of what went on week after week after week’.
Mr Fanning had appeared in court to explain his decision, saying it was a matter of public interest. He noted Enoch is in prison for civil contempt, due to his breach of a court order that he stay away from Wilson’s Hospital School in Co. Westmeath after his dismissal.
Mr Fanning said criminal contempt was behaviour calculated to prejudice the due course of justice, which could include contempt in the face of the court, and could be punished by a fine or imprisonment. He said the deliberate disruption of court proceedings was ‘utterly unacceptable’.
However, he said he saw ‘no practical benefit’ in Enoch Burke being pursued for alleged criminal contempt when he was already in prison. With regard to the other family members, he said there was a ‘line’ between disruptive behaviour, and behaviour which stems from ‘heightened emotions’.
That line was a matter for a judge, he said.
Comments (0)